Jury Nullification
You may not know about this, in fact, most judges and attorneys wish you didn't. Just knowing that this option exists can get you kicked off of many juries.
As a juror, you have the right not only to judge the case but to judge the law itself. If you have doubts about the legitimacy of a law, regardless of whether the defendant is guilty or not, the jury can throw out the case. Even if it is a "established" law, it can still be judged as stupid by the people. Only don't let the people know they have this power, seems to be the judiciary consensus.
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As a juror, you have the right not only to judge the case but to judge the law itself. If you have doubts about the legitimacy of a law, regardless of whether the defendant is guilty or not, the jury can throw out the case. Even if it is a "established" law, it can still be judged as stupid by the people. Only don't let the people know they have this power, seems to be the judiciary consensus.
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"In 2006 there were an estimated 9.3 million people in prison worldwide at any one time. Half of them were held in just 3 territories: the United States 24%, China 17% and the Russian Federation 9%. Worldwide 0.15% of the population are in prison, that is one person in every 670.
The highest percentages of population that are imprisoned are in the United States, at 0.75%, and the Russian Federation, at 0.60%. "
Seems to me a common sentiment within the people of this great nation that there is a reaching-dangerous level of perception of a "them" versus "us" government.
ReplyDeleteI've given much thought to an actual worthy effort that could be made to restore true democracy. It may well be that instead of hiding this power from the jurors...it should be a mandated part of the "jury instruction" given when seated.
I see its dangers...like if a bunch of Okie haters in Snobsville were on a jury trying a man who had murdered an Okie...they come back with a verdict that yeah, he done it and the penalty is $1.
But in discussing this "downside" of this power with Sir K esq. he mentioned a good answer for that...being so inclined the same jury without awareness of this "power" probably just wouldn't have convicted the guy.
Oh my gosh dare we actually let people RULE themselves!! It would be interesting to see people of California start using this in cases where the people of California legalized medicinal use of mj but the feds keep popping in and dragging people into federal court over it.
The simple act of "reminding" any juror of this, would be very high yielding in results of making this a true democracy again.
Very Very interesting matter. Thanks K!